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RGMacEsq, Lawyer

Category: Consumer Protection Law

Satisfied Customers: 13617

Experience: Licensed Texas General Practice Attorney

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I am a physician and had a CT scan done brecause of breast

Resolved Question:

I am a physician and had a CT scan done brecause of breast cancer. I have instructed the hospital in writting and verbally not to send report to my office for patient confidentiality reasons. Despite of that, they have faxed my report to my office today for all my staff to see. What kind of remedy do I have against this blatant disregard for my privacy?

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RGMacEsq :

I am truly sorry to hear about your situation. While this would be a violation of the Health Insurance Portability and Accountability Act (HIPAA), the onlyrecourse that you would have under HIPAA would be to file a complaint with the Department of Health and Human Services. HHS is the only agency that can pursue these complaints, as there is no "private cause of action" for HIPAA.

Again, since there is no private cause of action under HIPAA, you could not just get an attorney and sue them. The court would rightly (because it's the law) dismiss such a case. HHS has the sole authority to pursue a HIPAA claim.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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